Why was second video of beating withheld?

Published: Tuesday, October 16, 2012 at 1:00 a.m.

Last Modified: Tuesday, October 16, 2012 at 12:23 a.m.

SARASOTA - The city attorney says he is frustrated police did not mention they had a second video of an officer punching a man at a Sarasota night club, but does not think they withheld the recording "in bad faith."

Attorney Robert Fournier told city commissioners Monday that police were afraid of violating the Officers' Bill of Rights by saying they had a second surveillance video of an Aug. 4 arrest where Officer Scott Patrick repeatedly punched Jason Dragash, 29, in the face at Ivory Lounge.

The police department is conducting internal affairs and criminal investigations into Patrick's actions and the videos are evidence in those investigations.

In September, Sarasota attorney Andrea Mogensen persuaded Circuit Judge Lee W. Haworth to order police to release the surveillance video. The city claimed it was exempt as part of an ongoing investigation.

Mogensen argued the video was public record, since it had already been shown to Dragash's attorney. Police did not show the second video to the attorney, City Manager Tom Barwin said.

Nonetheless, officers should have then mentioned to the city attorney that they had another recording that revealed a different angle of the arrest, Fournier said.

But they did not.

Instead, Fournier heard about the second video when Michael Barfield, a paralegal at Mogensen's firm, sent an email to one of the attorneys in his office.

"I felt sort of a surge of frustration when I read it, but it came and went," Fournier said.

It would have been less time-consuming and expensive if the police had been up front with the city's attorneys about the existence of a second video, he said.

Barfield said he made a general request and is puzzled why police chose to release one video and conceal the other.

City Manager Barwin said he has not seen the second video, but police told him it did not reveal anything new.

"I think they're playing by the established rules" of preserving evidence, Barwin said.

Barfield disagreed.

He said the videos are not evidence collected during the course of the investigation, like an interview, but exist separately of the investigation and should be public.

The department's internal affairs division was trying to follow the confidentiality requirements of the Officers' Bill of Rights and were worried that mentioning the existence of a second video violated the law, Fournier said. State statute is not very clear about what constitutes a violation, he said.

A violation could prompt the Police Benevolent Association, which is legal counsel for Patrick, to ask for a compliance review panel to examine the internal affairs investigators.

City Commissioner Shannon Snyder worked for the Sarasota County Sheriff's Office for 25 years, and said he understands the Officers' Bill of Rights well and "carried the little card."

But he does not understand why the officers kept the information from the judge.

"The over-caution is a little ridiculous," Snyder said, and keeping the information from Haworth is extremely disrespectful.

Commissioner Paul Caragiulo also said he gets why police were worried about handing over the video, but was incredulous that officers did not mention it to the city attorney's office.

"Why you wouldn't tell your attorney is a whole other thing," he said.

Fournier filed a motion with the court for clarification and Haworth will determine whether the second video is exempt or must be released.

<p><em>SARASOTA</em> - The city attorney says he is frustrated police did not mention they had a second video of an officer punching a man at a Sarasota night club, but does not think they withheld the recording "in bad faith." </p><p>Attorney Robert Fournier told city commissioners Monday that police were afraid of violating the Officers' Bill of Rights by saying they had a second surveillance video of an Aug. 4 arrest where Officer Scott Patrick repeatedly punched Jason Dragash, 29, in the face at Ivory Lounge.</p><p>The police department is conducting internal affairs and criminal investigations into Patrick's actions and the videos are evidence in those investigations. </p><p>In September, Sarasota attorney Andrea Mogensen persuaded Circuit Judge Lee W. Haworth to order police to release the surveillance video. The city claimed it was exempt as part of an ongoing investigation.</p><p>Mogensen argued the video was public record, since it had already been shown to Dragash's attorney. Police did not show the second video to the attorney, City Manager Tom Barwin said. </p><p>Nonetheless, officers should have then mentioned to the city attorney that they had another recording that revealed a different angle of the arrest, Fournier said. </p><p>But they did not. </p><p>Instead, Fournier heard about the second video when Michael Barfield, a paralegal at Mogensen's firm, sent an email to one of the attorneys in his office. </p><p>"I felt sort of a surge of frustration when I read it, but it came and went," Fournier said. </p><p>It would have been less time-consuming and expensive if the police had been up front with the city's attorneys about the existence of a second video, he said. </p><p>Barfield said he made a general request and is puzzled why police chose to release one video and conceal the other. </p><p>City Manager Barwin said he has not seen the second video, but police told him it did not reveal anything new. </p><p>"I think they're playing by the established rules" of preserving evidence, Barwin said. </p><p>Barfield disagreed.</p><p>He said the videos are not evidence collected during the course of the investigation, like an interview, but exist separately of the investigation and should be public. </p><p>The department's internal affairs division was trying to follow the confidentiality requirements of the Officers' Bill of Rights and were worried that mentioning the existence of a second video violated the law, Fournier said. State statute is not very clear about what constitutes a violation, he said. </p><p>A violation could prompt the Police Benevolent Association, which is legal counsel for Patrick, to ask for a compliance review panel to examine the internal affairs investigators. </p><p>City Commissioner Shannon Snyder worked for the Sarasota County Sheriff's Office for 25 years, and said he understands the Officers' Bill of Rights well and "carried the little card." </p><p>But he does not understand why the officers kept the information from the judge. </p><p>"The over-caution is a little ridiculous," Snyder said, and keeping the information from Haworth is extremely disrespectful.</p><p>Commissioner Paul Caragiulo also said he gets why police were worried about handing over the video, but was incredulous that officers did not mention it to the city attorney's office.</p><p>"Why you wouldn't tell your attorney is a whole other thing," he said.</p><p>Fournier filed a motion with the court for clarification and Haworth will determine whether the second video is exempt or must be released. </p><p>A hearing is scheduled for Friday.</p>